5 N.Y.3d 800 (2005)
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
v.
JAMES DEVONISH, Appellant.
Court of Appeals of the State of New York.
Submitted August 15, 2005. Decided August 25, 2005.Motion for assignment of counsel granted and Laura Johnson, Esq., Legal Aid Society, 199 Water Street, New York, NY 10038 assigned as counsel to the appellant on the appeal herein.